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4 Things You Should Do – And 3 Things You Shouldn’t Do – To Help Your Case
Many of us have had the experience of driving along, completely oblivious in most cases, when we realize we are being followed by a police car. The blue car top lights, the flashing of headlights, the diminishing space between the back of our car and the front of the officers in pursuit can ruin an entire day. Of course, that feeling is worse if you’re being followed after you’ve been to a family gathering or a dinner out where you’ve had a drink.
It’s a safe bet that no one enjoys that sinking feeling. Embarrassment, shame, guilt, anger, uncertainty and defensiveness may all be a part of the moment. But, according to CT DUI lawyers Aaron Jainchill and Bill Beckert of Jainchill & Beckert, Attorneys-At-Law, knowing a few simple do’s and don’ts can help you in the moment, and may be valuable later if you end up as a defendant in a DUI case.Things to Do If You Are Pulled Over And You Believe It Is For Suspicion of DUI
DO pull over in a safe place.
When you see flashing lights in your rearview mirror, it is the law of CT that you pull over. It is possible that the police car behind you is going to another incident. If you are the intended target, putting on your blinker and pulling over safely and as efficiently as possible will help to make the case later that you were not impaired. Showing you value your own safety and that of the officers involved is of value to your case.
DO remain respectful and courteous – no matter what you were doing before you were pulled over.
No one welcomes being detained by law enforcement. But it is more important than ever before to give the officer or officers involved their due respect. Says Attorney Jainchill, “They are doing a job, and in today’s environment of heightened tensions across the nation between police and citizens, basic courtesy can go a long way.”
DO know where your license and registration are, and have fast access to them.
If you are able, immediately remove your license and registration and put them on your dashboard so you aren’t shuffling through your glove compartment while the officers approach the car. If you don’t have time to retrieve the basics before an officer arrives at your vehicle window, put your hands at the 2:00 and 10:00 positions on your steering wheel, and keep them there until told to do otherwise. If the stop is at night, and you can, turn on the overhead light in your car. Showing the officer that you do not represent a threat is, again, valuable to a future case if your stop turns into one – and may keep you from getting a ticket if you have not been drinking. In all cases, turn down, or turn off, your audio and roll down your window so that the approaching officer can see you clearly.
DO know your rights.
It’s important to know your civil rights – this knowledge can help you to make decisions that will protect you until you are able to meet with an attorney. Among your rights, you have the right to film your interaction with officers, you have the right to a detention that is reasonable in length and you have the right to request and receive certain identifying information about the officers involved – name and badge number will be helpful.
Perhaps the most powerful right you have when pulled over for a DUI is the right to remain silent. Attorney Jainchill advises, “Say as little as possible. You are not required to explain yourself, your situation or any other details of the period of your life preceding the incident. If you are asked, ‘Have you been drinking?’, it’s best to say nothing, or to say, ‘I won’t be answering that question until my attorney is present.’”
If you have been drinking and you are fairly certain that the officers pulling you over know that, let them know that you would like to contact your attorney before offering comment. “Officers are not required to tell you why you are being pulled over, although there must be what is called ‘reasonable suspicion.’ Reasonable suspicion could be erratic driving, but it could also be a defective tail light, a missing license plate, or excessive speed.” As you may not know the circumstances behind being detained, it is best to have an attorney present to guide you how to proceed,” Attorney Beckert explained.…And A Few “Don’ts” That Can Help Your Case
DON’T automatically reject a breathalyzer test.
Attorney Jainchill revealed, “The number one question I get is ‘if I get pulled over on a DUI, should I take the breathalyzer?’ The way that the laws are set up in Connecticut, refusal to take the breathalyzer can result in a much longer license suspension than failing the breathalyzer.”
He continued, “Of course, there are some instances where it may be in your best interest to refuse a breathalyzer. That’s why it is so incredibly important to have the best DUI lawyer available to you. If your situation involves an incident with another vehicle, or there are other extenuating circumstances, you will want to consult with a lawyer before making any decisions or statements. But if you’ve never been arrested before for DUI, and there was no collision or incident involving injury, it's generally in your interest to take the breathalyzer.”
Finally, he added, “If you do take a breath, blood, or urine test and the results come back above the legal limit, it does not mean you are guilty. An experienced DUI lawyer can raise any of a number of defenses on your behalf – another reason why it’s so important to hire the best DUI lawyer you can find.”
DON’T consent to a vehicle search.
We mentioned the rights you should know earlier. Among them is the right to withhold consent for a vehicle search. The attending officer may ask you if they can search the vehicle, and it is unlikely that the officer will remind you of your right to say no. But without probable cause or a search warrant, you can refuse that request. As always, try to avoid being antagonistic. A direct response that you do not consent should be enough to keep your vehicle from being searched.
DON’T wait to contact a good DUI defense attorney.
Attorney Jainchill recommends a few questions to ask as you interview attorneys to represent you in a DUI case. “Ask if the attorney will handle the case personally, or if he or she will hand the case to staff lawyers. Request specific information about fees. See if the attorney has a high success rate in DUI defense cases. Communication will be important – ask if there will be regular communication and a way for you to contact not just the staff, but your attorney. These are all very important parts of your case, and you’ll want to be comfortable not just with the personality of the attorney you ultimately choose, but with what you can expect and how he or she will represent you.”
Knowing some information about the do’s and don’ts of traffic stops can help, but if you are charged with DUI and searching for the best DUI attorneys, if you or someone you know is searching for the best DUI lawyer, Jainchill & Beckert is a great place to start. We invite you to learn more about us, hear from our clients or fill out our form and set up a free consultation with us. Or get in touch with us at (860) 383-6719 – we’re ready to help you fight your DUI and protect your rights!